International law; Natural law; War (International law)
VIII. The principal effect of oaths is to cut short disputes. "An oath
for confirmation, _as the inspired writer of the Epistle to the Hebrews
has said_, is the end of all strife." So too we find in Diodorus
Siculus, that an oath was regarded among the Egyptians as the surest
pledge of sincerity that men could give. So that every one, in taking
an oath, should express the real purpose of his mind, and render his
actions conformable to those expressions. There is a beautiful passage
on this subject, in Dionysius of Halicarnassus, who says, "the last
pledge among men, whether Greeks or Barbarians, and it is a pledge,
which no time can blot out, is that which takes the Gods, as witnesses
to oaths and covenants."
IX. The substance of an oath too should be such, and conceived in such
words, as to include not only the divine, but the human obligations,
which it implies. For it should convey to the person, who receives it,
the same security for his right, as he would derive from an express
promise or a contract. But if either the words bear no reference to a
person so as to confer upon him a right, or if they do refer to him but
in such a manner that some opposition may be made to his claim, the
force of the oath will, in that case, be such as to give that person no
right from it; yet he who has taken it must still submit to the divine
obligation, which the oath imposes. An example of which we have in a
person, from whom a sworn promise has been extorted by fear. For here
the oath conveys no right, but what the receiver ought to relinquish,
for it has been obtained to the prejudice of the giver. Thus we find
the Hebrew Kings were reproved by the prophets, and punished by God for
not observing the oaths, which they had taken to the kings of Babylon.
X. The same rule applies not only to transactions between public
enemies, but to those between any individuals whatsoever. For he, to
whom the oath is taken, is not the only person to be considered; but
a solemn regard must be paid to God, in whose name the oath is taken,
and who possesses authority to enforce the obligation. For which reason
it is impossible to admit the position of Cicero, that it is no breach
of an oath to refuse paying to robbers the sum stipulated for having
spared one's life; because such men are not to be ranked in the number
of lawful enemies, but treated as the common enemies of all mankind, so
that towards them no faith ought to be kept, nor even the sanctity of
an oath observed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account